House File 787 - Introduced
HOUSE FILE
BY COMMITTEE ON HUMAN
RESOURCES
(SUCCESSOR TO HSB 253)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to information to be reported regarding an
2 induced termination of pregnancy performed on a minor, and
3 making penalties applicable.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 3124HV 81
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PAG LIN
1 1 Section 1. Section 144.29A, subsection 1, Code 2005, is
1 2 amended by adding the following new paragraph:
1 3 NEW PARAGRAPH. l. If the termination is induced and if
1 4 the patient is a minor, the following, as applicable:
1 5 (1) If notification was provided to a parent of the minor.
1 6 (2) If the minor obtained a waiver of the notification
1 7 requirement from the juvenile court.
1 8 (3) If the requirement of notification of a parent was
1 9 inapplicable and the reason that the requirement was
1 10 inapplicable as specified in section 135L.3, subsection 3,
1 11 paragraph "m".
1 12 Sec. 2. Section 144.29A, subsection 2, unnumbered
1 13 paragraph 1, Code 2005, is amended to read as follows:
1 14 It is the intent of the general assembly that the
1 15 information shall be collected, reproduced, released, and
1 16 disclosed in a manner specified by rule of the department,
1 17 adopted pursuant to chapter 17A, which ensures the anonymity
1 18 of the patient who experiences a termination of pregnancy, the
1 19 health care provider who identifies and diagnoses or induces a
1 20 termination of pregnancy, and the hospital, clinic, or other
1 21 health facility in which a termination of pregnancy is
1 22 identified and diagnosed or induced, and any employee or
1 23 officer of the court or a county attorney's office who
1 24 facilitates a waiver of the notification requirement pursuant
1 25 to section 135L.3. The department may share information with
1 26 federal public health officials for the purposes of securing
1 27 federal funding or conducting public health research.
1 28 However, in sharing the information, the department shall not
1 29 relinquish control of the information, and any agreement
1 30 entered into by the department with federal public health
1 31 officials to share information shall prohibit the use,
1 32 reproduction, release, or disclosure of the information by
1 33 federal public health officials in a manner which violates
1 34 this section. The department shall publish, annually, a
1 35 demographic summary of the information obtained pursuant to
2 1 this section, except that the department shall not reproduce,
2 2 release, or disclose any information obtained pursuant to this
2 3 section which reveals the identity of any patient, health care
2 4 provider, hospital, clinic, or other health facility, and
2 5 shall ensure anonymity in the following ways:
2 6 Sec. 3. Section 144.29A, subsection 2, paragraphs b and c,
2 7 Code 2005, are amended to read as follows:
2 8 b. The department shall enter the information, from any
2 9 report of termination submitted, within thirty days of receipt
2 10 of the report, and shall immediately destroy the report
2 11 following entry of the information. However, entry of the
2 12 information from a report shall not include any health care
2 13 provider, hospital, clinic, or other health facility
2 14 identification information including, but not limited to, the
2 15 confidential health care provider code, as assigned by the
2 16 department and shall not identify any employee or officer of
2 17 the court or a county attorney's office who facilitates a
2 18 waiver of the notification requirement pursuant to section
2 19 135L.3.
2 20 c. To protect confidentiality, the department shall limit
2 21 release of information to release in an aggregate form which
2 22 prevents identification of any individual patient, health care
2 23 provider, hospital, clinic, or other health facility, or of
2 24 any employee or officer of the court or a county attorney's
2 25 office who facilitates a waiver of the notification
2 26 requirement pursuant to section 135L.3. Information relating
2 27 to a minor collected as prescribed by subsection 1, paragraph
2 28 "1", shall not be released in a manner that identifies the
2 29 maternal health services region of the Iowa department of
2 30 public health in which the minor resides, but shall only be
2 31 released on a statewide, aggregate basis. For the purposes of
2 32 this paragraph, "aggregate form" means a compilation of the
2 33 information received by the department on termination of
2 34 pregnancies for each information item listed, with the
2 35 exceptions of the report tracking number, the health care
3 1 provider code, and any set of information for which the amount
3 2 is so small that the confidentiality of any person to whom the
3 3 information relates may be compromised. The department shall
3 4 establish a methodology to provide a statistically verifiable
3 5 basis for any determination of the correct amount at which
3 6 information may be released so that the confidentiality of any
3 7 person is not compromised.
3 8 EXPLANATION
3 9 This bill requires a health care provider who induces a
3 10 termination of pregnancy when the patient is a minor to report
3 11 if notification was provided to a parent of the minor, if the
3 12 minor obtained a waiver of the notification requirement from
3 13 the juvenile court, or if the requirement of notification of a
3 14 parent was inapplicable and the reason that the requirement
3 15 was inapplicable.
3 16 The bill also provides that the manner in which information
3 17 is collected, reproduced, released, and disclosed is to ensure
3 18 the anonymity of any employee or officer of the court or a
3 19 county attorney's office who facilitates a waiver of
3 20 notification requirement relative to a minor seeking an
3 21 abortion; that information from termination of pregnancy
3 22 reports is to not identify any employee or officer of the
3 23 court or a county attorney's office who facilitates a waiver
3 24 of notification requirement relative to a minor seeking an
3 25 abortion; and that release of information relating to the
3 26 termination of pregnancy reports is to be made in an aggregate
3 27 form to prevent the identification of any employee or officer
3 28 of the court or a county attorney's office who facilitates a
3 29 waiver of notification requirement relative to a minor seeking
3 30 an abortion. Specifically release of information relating to
3 31 a minor as required in the bill is prohibited from being
3 32 released in a manner that identifies the maternal health
3 33 services region of the Iowa department of public health in
3 34 which the minor resides, but is only to be released on a
3 35 statewide, aggregate basis.
4 1 Existing provisions under Code chapter 144 provide that a
4 2 person is guilty of a serious misdemeanor if the person
4 3 knowingly violates a provision of Code section 144.29A, the
4 4 termination of pregnancy reporting section.
4 5 LSB 3124HV 81
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